(a) Which half of the Lishkas ha'Gazis was built in an unsanctified area?
(b) How can even half have been built in a sanctified area? The Gemara says
that the Lishkas ha'Gazis was built like a "basilica" which Rashi explains
is a house on the upper story of another structure. Why, then, was any of it
sanctified? The Gemara in Pesachim (86a) says that roofs and upper stories,
of structures in the Azarah were not sanctified. If so, how could any part
of the Lishkas ha'Gazis be Kodesh?
(a) Most Acharonim explain that the *northern* part of the Lishkas ha'Gazis
was built in an unsanctified area. Their logic is sound; the Gemara earlier
(19a) listed the Lishkas ha'Gazis as one of the Lishkos on the northern side
of the Azarah. As such, it might have been built straddling the border of
the Azarah, so that half of it was north of the Azarah on Har ha'Bayis (and
not Kodesh) and half (the southern half) was in the Azarah. The Zaken sat on
the western side of the half of the Lishkah which extended beyond the
northern border of the Azarah, and thus they were sitting in the
unsanctified part (for it is forbidden to sit in the sanctified part of the
Azarah). The Payis was done in the eastern side of the southern half of the
Lishkah, or the half that was in the Azarah and which was Kodesh.
SEFER EZRAS KOHANIM asks why was it that the Zaken had to sit specifically
in the *western* side of the northern half of the Azarah? Since the entire
northern half of the Lishkah was not Kodesh, the Zaken could just as well
sit in the eastern side! Similarly, why did the Payis have to take place
specifically in the eastern side of the part of the Lishkah which was in the
Azarah? The whole southern half of the Lishkah was in the Azarah and the
Payis could have been done anywhere throughout that section!
Perhaps the answer is that the Rabanan wanted to Zaken to be as close as
possible to the Shechinah, so they instituted that he sit in the western
side of the Lishkah, which was closer to the Kodesh ha'Kodashim (in the west
of the Azarah). In contrast, the Rabanan wanted the Payis to be done as far
away from the Shechinah as possible, because "it is not respectful for there
to be a crowd in the place of the Shechinah," as the Gemara says later
(26a).
As mentioned, this is the opinion of most of the Acharonim. However, the
RAMBAM (Perush ha'Mishnayos, end of Midos) writes, based on our Gemara, that
the western side was unsanctified in order for the Zaken to sit there, while
the eastern side, where the Payis was done, was Kodesh and thus they had to
stand while they were there. How could it be that the western side of the
Lishkah was unsanctified if the Lishkas ha'Gazis was on the east of the
Azarah? The *eastern* side of the Lishkah is the only part that could
possibly be unsanctified (as it could jut out past the eastern border of the
Azarah). How could the *western* side of the Lishkah be unsanctified?
The EZRAS KOHANIM (Midos 5:4) suggests that the Lishkas ha'Gazis was not in
the north-eastern part of the Azarah. Rather, perhaps it was set apart from
the other Lishkos and was in the north-*western* part of the Azarah. If it
was built along the western wall of the Azarah, its western section may have
jutted out past the western wall of the Azarh, putting it outside of the
Azarah. It was in that half of the Lishkah, which was not in the Azarah,
that the Zaken sat.
(b) The EZRAS KOHANIM and SHILTEI GIBORIM (Midos) point out that the ground
level of Har ha'Bayis was much lower than that of the Azarah. Consequently,
if the Lishkas ha'Gazis extended northward from within the Azarah, passing
the border of the Azarah to the area over Har ha'Bayis, then the part of the
Lishkah that extended over Har ha'Bayis would be much higher than the ground
level of Har ha'Bayis. When the Gemara says that the Lishkas ha'Gazis was
like a "basilica," it is referring to the side of the Lishkah that protruded
out of the Azarah over Har ha'Bayis; that part of the Lishkah was much
higher than the ground level, like an upper story, or "basilica." However,
since it was on level ground with the Azarah, it would have been Kodesh if
not for the doorway leading out to Har ha'Bayis, because the Gemara in
Pesachim (86a) says that any upper story which was on ground level with the
Azarah is Kodesh.